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HomeMy WebLinkAbout20201897 Ver 2_12-EWP20000-Athens 4-BA Approval-2021-06-03_20220216DocuSign Envelope ID: 3892131 B4-D7F9-4634-B538-E8D87BOC6B6C ROY COOPER Governor DIONNE DELLFGATT] Secretary S. DANIEL SMITH Director State of North Carolina Attn: N. David Smith 116 West Jones Street Raleigh, NC 27603-1335 (via email david.smith@ncagr.gov) Subject Dear Mr. Smith: NORTH CAROLINA Environmental quality June 3, 2021 DWR # 20201897 Wake County APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Project Athens -Area 4 Parking Lot You have our approval for the impacts listed below for the purpose described in your application dated April 6, 2021 received by the Division of Water Resources (Division) April 6, 2021, with payment received April 7, 2021 and additional information received on June 1, 2021. These impacts are covered by the Neuse River Buffer Rules and the conditions listed below. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This Authorization shall expire five (5) years from the date of this letter. The following impacts are hereby approved, provided that all of the Conditions listed below, and all of the conditions of the Neuse River Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B Neuse .0611(b)(2)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1* B 1: Bride Crossing 2,701 (square feet 0 (square feet B2: Road Crossing Area 2-S&EC 0 (square feet) 2,237 (s are feet) B3: Road Crossing Area 2-Road 5,196 (square feet) 0 (square feet) B4: Road Crossing Area 2-S&EC 0 (square feet) 6,812 (square feet) B5: Road Crossing Area 3-Road 6,204 (square feet 0 (square feet B6: Road Crossing Area 3-S&EC 0 (square feet 2,925 (square feet Buffers — Zone 2* B1: Bride Crossing 1,742 (square feet) 0 (square feet) B2: Road Crossing Area 2-S&EC 0 (square feet) 102 (square feet) B3: Road Crossing Area 2-Road 3,300 (square feet 0 (square feet B4: Road Crossing Area 2-S&EC 0 (square feet) 3,622 (square feet) B5: Road Crossing Area 3-Road 7,149 (square feet) 0 (square feet) B6: Road Crossing Area 3-S&EC 0 (square feet) 473 (square feet) QEQNorth;: Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA niu""Ihy� /� 919.791.4200 DocuSign Envelope ID: 3892131 B4-D7F9-4634-B538-E8D87BOC6B6C Project Athens -Area 4 Parking Lot DWR# 20201897 Buffer Authorization Certificate Page 2 of 3 *Zone 1 and 2 impacts indicated in the application as SCM Outlets (139 & B10) are considered deemed allowable and written authorization is not required from DWR. Compensatory Mitigation Using a Private Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the Wildlands Holdings V, LLC, and the North Fork Little River Nutrient Offset & Buffer Bank to meet this mitigation requirement. Until Wildlands Holdings V, LLC receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to Wildlands Holdings V, LLC to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation Bank Sponsor River & Sub -basin Required Number Buffer -Zone 1 18,612 (square feet) Wildlands Holdings, V, LLC 03020201-Upper Falls Lake Watershed Buffer -Zone 2 10,724 (square feet) Wildlands Holdings, V, LLC 0302020 1 -Upper Falls Lake Watershed Total: 29,336 (s uare feet) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the project must provide for replacement of existing uses through compensatory mitigation. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Authorization Certificate. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a copy of this Authorization Certificate and is responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)] If you are unable to comply with any of the conditions below, you must notify the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Raleigh Regional Office any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B .0714]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. DocuSign Envelope ID: 3892131 B4-D7F9-4634-B538-E8D87BOC6B6C Project Athens -Area 4 Parking Lot DWR# 20201897 Buffer Authorization Certificate Page 3 of 3 One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Stephanie Goss at 919-791-4256 or Stephanie.Goss&ncdenr.gov if you have any questions or concerns. Sincerely, DOCUSigned by: S t UIIA � BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: Jennifer Burdette, McAdams Co. (via email) DWR 401 & Buffer Permitting via Laserfiche